Meet the DBI Pros SummitMeet the DBI Pros SummitOctober 25, 2006 October 25, 2006

Amy Lee, Acting DirectorAmy Lee, Acting Director COMMERCIAL RENOVATION

AND DISABILITY ACCESS

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Part 1: by Susan Leong, P.E., Senior Building Inspector, Commercial Plan Check Division

Part 2: by Neil Friedman, Senior Building Inspector,Manager of the Disabled Access Section andSecretary to The Access Appeals Commission

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• Civil Rights legislation led to inclusion in Building Codes

• Equal treatment for everyone• Investment into your business

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CBC 101.2 Purpose. The purpose of this code is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures within this jurisdiction and certain equipment specifically regulated herein.

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[For DSA/AC] The purpose of this code is to ensure that barrier-free design is incorporated in all buildings, facilities, site work and other developments to which this code applies and to ensure that they are accessible to and usable by persons with disabilities.

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Title 24 ≠ ADA

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Title 24 is a California State Title 24 is a California State law that DBI enforceslaw that DBI enforces

ADA = Americans with Disabilities ActADA = Americans with Disabilities Act

A federal law A federal law notnot enforced by DBI enforced by DBI although although you are responsibleyou are responsible to make to make sure that your commercial space or sure that your commercial space or building complies with ADA as well.building complies with ADA as well.

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For more info on ADA:For more info on ADA:• Architectural Transportation Barrier Architectural Transportation Barrier

Compliance Board: 1-800-872-2253Compliance Board: 1-800-872-2253• Department of Justice: 202-514-0301Department of Justice: 202-514-0301• Fair Housing Act, HUD: 415-556-0800Fair Housing Act, HUD: 415-556-0800• Google: www.google.comGoogle: www.google.com

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• CBC 11A:CBC 11A: Apartments, Condos, Multifamily Apartments, Condos, Multifamily DwellingsDwellings

• CBC 11B:CBC 11B: Public Buildings & Public Public Buildings & Public Accommodations, Accommodations, Commercial BuildingsCommercial Buildings, & , & Publicly Funded HousingPublicly Funded Housing

Requirements for New buildings:Requirements for New buildings:

1101A.1 & 1101B.1 General.1101A.1 & 1101B.1 General. Buildings Buildings or portions of buildings shall be or portions of buildings shall be accessible to persons with disabilities as accessible to persons with disabilities as required by this chapter.required by this chapter.

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Disabled Access Upgrade Requirements for

Commercial Occupancies as required by Title 24

of the California Building Code (CBC)

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CBC Section 1134B Accessibility CBC Section 1134B Accessibility for Existing Buildingsfor Existing Buildings

1134B.1 Scope.1134B.1 Scope. The provisions of this The provisions of this division apply to division apply to renovation, structural renovation, structural repair, alteration and additionsrepair, alteration and additions to to existing buildings, including those existing buildings, including those identified as historic buildings.identified as historic buildings.

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Frequently Asked Questions:Frequently Asked Questions:• What dollar amount triggers disabled upgrade

requirements?• How much money do I have to spend on upgrades?• What kinds of upgrades do I have to do?• What if I just need a permit for some dry rot repair?

Or what if I have a very small project?• Do I have to do any upgrades if I’m the only one

working in my office or store and I’m not disabled?• What if I have steps in front of my business?

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What dollar amount triggers What dollar amount triggers disabled access upgrades?disabled access upgrades?

Answer: If you need a building permit, in Answer: If you need a building permit, in general, general, anyany dollar amount triggers dollar amount triggers upgrade (with a few exceptions)upgrade (with a few exceptions)

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What are the “few” What are the “few” exceptions?exceptions?

Exceptions are based on CBC Exceptions are based on CBC 1134B.2.1, Exception 41134B.2.1, Exception 4

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Projects which consist only of:• HVAC • Reroofing• Electrical work• Cosmetic work• Equipment not considered to be a part of

the architecture of the building or area

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Exceptions that DBI also includes:Exceptions that DBI also includes:

• Fire alarms, sprinklers, life safety permits

• Signs, awnings, canopies & similar• Antennas, cellular sites

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If any dollar amount triggers disabled access upgrades, then how much money do I have to

spend on upgrades and what kinds of upgrades do I have to do ?

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CBC 1134B.2 General.

All existing buildings and facilities, when alterations, structural repairs or

additions are made to such building or facilities, shall comply with all the

provisions of Division I, New Buildings… All new work (to existing buildings/

facilities) shall comply as for New Buildings

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Installing 3 brand new (single accommodation) restrooms in existing 2 story building with no elevators, 2 on ground floor, 1 on the 2nd floor

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Test Question: Which new restroom(s) have to comply with disabled access requirements?

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Test Question: Which new restroom(s) have to comply with disabled access requirements?

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Test Question: Which new restroom(s) have to comply with disabled access requirements?

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Test Question: Which new restroom(s) have to comply with disabled access requirements?

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• A primary entrance…• Primary path of travel… • Sanitary Facilities… • Public Telephones… • Drinking Fountains… • Signage…• Parking…

…serving the area of remodel

Required upgrades for Required upgrades for existingexisting conditions: conditions:(listed in priority per 1134B)(listed in priority per 1134B)

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Based on CBC 1134B.2.1, Exception 1, only projects with a construction cost

less than the valuation threshold (current ENR Construction Cost Index Amount) are eligible for the 20% rule.

In general, projects valued over the threshold are not eligible for the 20%

rule (see CBC 1134.2.1 Exception 2 for a possible exception).

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• based on an average construction cost index• updated every year• 2006 Threshold Amount = $113,586.07

ThresholdThreshold>+

ENR = Engineering News RecordENR = Engineering News Record

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If your project is under the current Threshold, then your disability upgrade requirements are limited to 20% of the

estimated construction cost.

Your project cost (w/o any d.a. upgrades) = $50K

EXAMPLE:

Additional funds required for d.a. upgrades = 20%($50K) = $10K

Total project cost = $60K

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If your project is over the current Threshold, then your disability upgrade requirements are not limited in most cases. You must

upgrade your space/bldg to full compliance.

• Certain exceptions to non-elevator bldgs (CBC 1103B.1 Ex. 3, 1134B.2.1 Ex. 2, etc)

• Equivalent Facilitation “substitutes” (in CBC & SF Admin Bulletins)

• AAC: Access Appeals Commission

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DBI has a required disabled access checklist form that must be filled out & reproduced as

part of your drawing submittal for all commercial tenant improvements (i.e.

renovation, structural repair, alteration and additions) ““except” the exceptions.

• Organized way to ensure all d.a. items are addressed in proper priority

• Forms available on our website: www.sfgov.org/dbi -> Forms & Checklists

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What if I just need a permit for some dry rot repair? Or what if I

have a very small project?

If your project is under the current Threshold, then your disability upgrade requirements are limited to 20% of the

estimated construction cost.

Use the “20% Rule”

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For small projects:• Painful we know• Drawings to document d.a. upgrades

may cost more than the project itself• Sorry, but you still have to do it!

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1134B.1 Scope.1134B.1 Scope. The provisions of this The provisions of this division apply to division apply to renovation, structural renovation, structural repair, alteration and additionsrepair, alteration and additions to to existing buildings, including those existing buildings, including those identified as historic buildings.identified as historic buildings.

Do I have to do any upgrades if I’m the only one working in my office or

store and I’m not disabled?

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Specific code sections in CBC 11B to address specific occupancies

Example 1: 1105B.3.2 Business and professional offices. Areas to be made accessible include the following:• Client & visitor areas & office areas, together

with related toilet rooms• Conference rooms, counseling rooms or

cubicles & similar areas

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Example 2: Section 1110B- Access For Group M Occupancies

1110B.1.1 General Areas. General sales, display and office areas together with related toilet rooms shall be made accessible.

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What if I have existing steps in front of my business?

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Apply the 20% Rule:1) Can I get rid of the steps and replace

with a ramp or elevator for 20%?2) If not, can I put in a lift for 20%?3) If not, can I make any improvements

that will better the existing condition for 20%?

If you are under the threshold:(3 year inclusive CBC 1134B.2.1)

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• Upgrade handrails (check proper size, shape, height, extensions & locations)

• Add striping on each step• Upgrades at door (check size, hardware,

clearances, max effort, etc)• Check off the “Partial Upgrade” box on the

required DBI D.A. Checklist for Primary Entrance• Fill out Form C to itemized upgrade expenditures• Fill out Unreasonable Hardship Request form• If any funds left (of the 20%), move on to next

upgrade item on checklist

Also fill Also fill out p. 2 out p. 2

of 2of 2

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• Provide ramp, elevator, or lift• Provide an alternate accessible entrance• Take your case to the AAC (Access Appeals

Commission) after your Unreasonable Hardship Request has been denied

• Smile, be happy! DBI is here to serve you!

If you are over the threshold:(3 year inclusive CBC 1134B.2.1)

Stayed tuned: Part 2 next